United States v. Willie Bailey, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 99-4808
WILLIE BAILEY, JR.,
Defendant-Appellant.
Appeal from the United States District Court
for the Middle District of North Carolina, at Durham.
William L. Osteen, District Judge.
(CR-99-55)
Submitted: April 28, 2000
Decided: May 17, 2000
Before MURNAGHAN, LUTTIG, and TRAXLER, Circuit Judges.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
Thomas N. Cochran, Assistant Federal Public Defender, Greensboro,
North Carolina, for Appellant. Walter C. Holton, Jr., United States
Attorney, L. Patrick Auld, Assistant United States Attorney, Greens-
boro, North Carolina, for Appellee.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Willie Bailey, Jr., appeals his conviction and resulting 280 months'
sentence for bank robbery, in violation of 18 U.S.C.§ 2113(a) (1994),
and bank robbery with a dangerous weapon, in violation of 18 U.S.C.
§ 21139d) (1994). Finding no reversible error, we affirm.
On appeal, Bailey maintains that the district court gave improper
instructions to the jury regrading the elements of armed bank robbery,
and that the district court abused its discretion on denying Bailey's
requested instruction explaining the concept of lesser-included
offenses.
This Court reviews jury instructions in their entirety and as part of
the whole trial. See United States v. Bostian , 59 F.3d 474, 480 (4th
Cir. 1995). In a criminal case, this Court examines whether the court
adequately instructed the jury on the elements of the offense and the
accused's defenses. See id. Both the decision to give (or not to give)
a jury instruction and the content of an instruction are reviewed for
abuse of discretion. See United States v. Russell, 971 F.2d 1098, 1107
(4th Cir. 1992). A refusal to grant a requested instruction is only
reversible error if the instruction (1) was correct; (2) was not substan-
tially covered by the court's charge to the jury; and (3) dealt with
some point in the trial so important, that failure to give the requested
instruction seriously impaired the defendant's ability to conduct his
defense. See United States v. Patterson, 150 F.3d 382, 388 (4th Cir.
1998), cert. denied, 119 S. Ct. 835 (1999). In sum, this Court's review
is whether the instruction given fairly states the controlling law. See
United States v. Cobb, 905 F.2d 784, 789 (4th Cir. 1990).
First, we find no reversible error in the court's instruction regard-
ing armed bank robbery. See United States v. Jones, 84 F.3d 1206(9th Cir. 1996); United States v. Levi, 45 F.3d 453, 456 (D.C. Cir.
1995). Second, the court did not abuse its discretion in denying Bai-
ley's requested instruction concerning lesser-included offenses given
that the court's instructions were adequate on the issue, and therefore
Bailey's proffered charge unnecessary.
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Accordingly, we affirm Bailey's conviction and sentence. We dis-
pense with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and oral argu-
ment would not aid the decisional process.
AFFIRMED
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